1. Florida Department of State Division of Elections January 2011 1

2. Governing Law National Voter Registration Act of 1993 (NVRA) (42 U.S.C. § 1973gg-6 (a)(3), (a)(4), (b)(2)); (aka section 8 of NVRA) Help America Vote Act of 2002 (HAVA) (Public Law 107-252), Title III, Section 303) Sections 98.065, 98.0655 and 98.075, Fla. Stat. 2

3. Objective of Address List and Records (Eligibility) Maintenance Activities Under State and Federal Laws Maintain accurate and current rolls triggered by activities that indicate either a change in a voter’s address of legal residence or a change in the voter’s eligibility. 3

4.  A registered voter’s name may only be removed IF the voter : Requests it in writing. Is ineligible (felony conviction without civil rights restored; mentally incapacitated without voting rights restored, non voting age, non U.S. citizen, listed a false residence address or address that is not his or hers, fictitious person) Is inactive voter (which happens if voter does not respond to or there is undeliverable address confirmation final notice) and then only after period of voter inactivity (i.e., does not vote or attempt to vote, request an absentee ballot or otherwise update voter registration record for two consecutive general (federal) elections) Is registered in another state per notice from the out-of- state election official 4

5.  Proposed Rule 1S-2.041 7 Subsections Applicability Definitions Address list maintenance activities/process Eligibility list maintenance activities/process Removal of voters for other reasons (not specifically addressed in rules) Availability of Forms (notices and certification of activities forms) Effective date 5

6. Address List Maintenance Activities Subsection (3) A change in a registered voter’s LEGAL residence... 6

7. Address List Maintenance  Programmatic: Incorporate at least 1 of 3 general address maintenance activities program to be conducted at least every odd- numbered (note: non-general (federal) election year)  Ongoing: Continuous address change feedback from other third-party address sources and from the voter. 7

8.  Key definition  “Third-party address source” refers to information triggered by a source other than from the active voter that his or her residence address has changed  Enter address change first, then contact the active voter (Typically this will include feedback from address list maintenance program activities and other mailings you send out. ) Address List Maintenance 8

9. Address List Maintenance (cont’d) 1. United States Postal Service (USPS)/NCOA) change of address information.  You run the registered voter database list for your county against USPS database under a license.  If the information you get suggests that voter’s legal residence has changed...  You make appropriate change in record and send either an Address Change Notice or Address Confirmation Final Notice depending on change 9

10. Address List Maintenance (cont’d) 2. Countywide mailing to all registered voters.  You send out some election related mailing (return if undeliverable nonforwardable mailing) to all registered voters in your county. (e.g., absentee ballots)  If the information you get back suggests that voter’s legal residence has changed...  You make appropriate change in record and send either an Address Change Notice or Address Confirmation Final Notice depending on change. 10

11. Address List Maintenance (cont’d) 3. Targeted countywide mailing.  You send mail (return if undeliverable nonforwardable) solely to registered voters in your county who have not voted or updated their registration records in the last 2 years.  If the information you get back suggests that voter’s legal residence has changed... Then you make appropriate change in record and send either an Address Change Notice or Address Confirmation Final Notice depending on change. 11

12.  USPS/NCOA  USPS (“yellow sticky”)  Jury notice lists  HSMV Out-of-state DL lists  Any returned undeliverable or nonforwardable mailing you sent out to the registered voter such as any returned/ undeliverable address confirmation requests, absentee ballot, mail ballot, notice to registered voter that he is potentially ineligible per s. 98.075(7), F.S., address change notice to newly recorded address Address List Maintenance 3 rd Party Address Sources that may trigger notices to voter 12

13. Address List Maintenance: Notices—3 Types Address Confirmation Request (ACR)  Sent by non-forwardable if undeliverable mail  Does not include a return form  Asks voter to CONTACT supervisor regarding address verification and name change (any address or name change has to be done in accordance with s. 97.1031, F.S.)  Use anytime you want to the voter verify or correct his name or address  Does not require response by voter  Must include contact information for SOE office 13

14. Address List Maintenance: Notices—3 Types Address Change Notice (ACN)  Send by forwardable mail  Includes a pre-paid postage pre-addressed return form to be completed  Asks voter to verify or correct new residential address change that has been made based on 3 rd party address source information  Does not require voter to respond  Must include contact information for SOE office 14

15. Address List Maintenance: Notices—3 Types Address Confirmation Final Notice (ACFN)  Send by forwardable mail  Includes prepaid postage preaddressed return form  Requires voter to verify or confirm current address within 30 days  Use when residential address is no longer valid based on prior notices without forwarding info  Triggers voter inactive status if voter does not respond or notice is undeliverable within 30 days  Must include SOE office contact information and link to U.S. EAC for out-of-state registration info 15

16. Address List Maintenance: What to do if the 3 rd party source indicates an in-county address change for legal residence? Same residence and mailing address- enter new address change into FVRS and send address change notice and voter info card to new address If different residence and mailing addresses, update mailing address and send address confirmation request. If new address same as residence, then update mailing and no further action required. Retain original document. Do not scan into FVRS. 16

17. Address List Maintenance: What to do if the 3 rd party source indicates an out- of-county address change for legal residence? If same residence and mailing addresses, update residential field and suspend record to new county. If addresses are different, update only mailing field and send Address Confirmation Request (current SOE) Send Address Change Notice to newly recorded address (new county SOE) Process will be automated in FVRS to notify new county of residence about new registered voter. If out-of-county address cannot be validated, it will be responsibility o new Supervisor to resolve address invalidation.. Send Voter Information Card (county SOE of new residence) 17

18. Address List Maintenance: What to do if the 3 rd party source indicates out- of-state address change for legal residence? Enter new address change as change to mailing address into FVRS. Send Address Confirmation Final Notice to out-of- state address (county SOE of original residence). If no out-of-state address provided, send to last address of record. Retain original document. Do not scan into FVRS. 18

19. Address List Maintenance: What to do if the 3 rd party address source indicates non-residential address change? Enter new address change as change to mailing address into FVRS. Send Address Confirmation Request to last residence address of record. Retain original document. Do not scan into FVRS. 19

20. Address List Maintenance: What to do if the 3 rd party source indicates change in legal residence but provides no forwarding address? Send Address Confirmation Final Notice (with prepaid pre-addressed return form) to last address of record (county SOE of original residence) Retain original document. Do not scan into FVRS. 20

21. Address List Maintenance: Voter Feedback to Address Confirmation Request Voter contacts you ‘with in-state address change (request must be per process in s. 97.1031, F.S. 1. Change record back to address 2. Send new voter information card 3. If you are no longer the county of residence, the new county will get a FVRS notice of move- in and send the voter information card. Voter does not respond or voter verifies address change is correct Do nothing more to record Voter confirms ‘My legal residence is now out-of- state.’ 1. Process information as voter’s request to remove. 2. Remove registered voter’s name from FVRS official list 21

22. Address List Maintenance: Voter Feedback to Address Change Notice (voter does not have to reply) Voter responds using return form with address change (anytime response not used on return form, must be made per s. 97.1031, F.S. 1. Change residence address record 2. Send new voter information card 3. If you are no longer the voter’s county of residence, notify the other county and provide the return card so county can make the change back to your county. Voter does not respond or voter verifies address change is correct Do nothing more to record Voter confirms ‘My legal residence is now out-of-state’ or requests removal. 1. Process information as voter’s request to remove. 2. Remove registered voter’s name from FVRS official list 22

23. If Address Confirmation Request or Address Change Notice comes back as undeliverable with no forwarding address? Send Address Confirmation Final Notice to registered voter’s last address on record (even though it is going to come back as undeliverable). Address List Maintenance: Undeliverable Address Confirmation Request or Address Change Notice (voter does not have to reply) 23

24. Address List Maintenance: Voter Feedback to Address Confirmation Final Notice (ACFN) Voter responds using return form with confirmation or new address (otherwise voter must make change per s. 97.1031 process 1. Change address in FVRS record to the address 2. Send new Voter Information Card (unless out-of-county address change, then county SOE of new residence sends voter information card) Voter does not respond within 30 days Change voter’s status to INACTIVE Voter responds ‘My legal residence is now out-of- state’ 1. Process information as voter’s request to remove. 2. Remove registered voter’s name from FVRS’ official list 24

25. Address List Maintenance: Feedback to Address Confirmation Final Notice(ACFN) If Address Confirmation Final Notice comes back as undeliverable with no forwarding address... Change registered voter’s status to INACTIVE 25

26. Address List Maintenance: Pre-registered voters If third-party address source change is received on pre-registered voter 1. Update mailing field only 2. Once pre-registered becomes active voter, then issue voter information card to mailing address 26

27. Address List Maintenance Inactive Voter Status (s. 98.065, F. S.)  Voter has not responded to the Address Confirmation Final Notice (i.e. returned postage pre-paid postage, preaddressed return form ) within 30 days, or  Address Confirmation Final Notice is returned as undeliverable with no forwarding address. 27

28. Address List Maintenance Restore Inactive Voter to Active Status (s. 98.065, F.S.) ONLY IF:  Once voter is placed in inactive status, you do not keep making 3 rd party address source changes to residential record field. At that point, it is up to the voter to change his or her status to active by:  Updating his or her registration record (party change, name change, signature, address, etc.)  Requesting an absentee ballot  Voting or attempting to vote 28

29. Address List Maintenance How to handle third-party address source change on potentially ineligible voters  Until officially removed, they are to be processed the same way as any other registered voter  SOE must run daily reports of potential ineligible voters who have been moved out-of-county by way of address change  If file did not originate from BVRS, prior county of residence notifies new county of residence and transfers file within 1 week for processing. 29

30. Address List Maintenance Third-party address source change on potentially ineligible voters (cont’d)  If ineligible case file originated from BVRS, SOE must notify BVRS immediately and return case within 1 week after identifying out-of-county – notice must include voter’s name, FVRS ID # and match record ID #  BVRS will re-process file and redirect to new county of residence  New county of residence must initiate new Notice of Potential Ineligibility 30

31. Address List Maintenance Remove Registered Voter WHEN 1. Voter confirms in writing out-of-state residence change, OR 2. Voter has failed to respond to Address Confirmation Final Notice), and then 2 consecutive federal general elections have gone by in which the inactive voter has not tried to vote, requested an absentee ballot or updated his or her voter registration record OR 3. You receive information from an out-of-state election official that person has registered in new jurisdiction. 31

32. Address List Maintenance Examples of when to remove inactive voters Inactive: April 15, 2005 Voter does not vote at polls, request an absentee ballot or update record Remove after 2008 General Election Inactive: January 15, 2008 Voter does not vote at polls, request an absentee ballot or update record Remove after 2010 General Election Inactive: November 15, 2008 Voter does not vote at polls, request absentee ballot or update record Remove after 2012 General Election Inactive: May 15, 2010 Voter does not vote at polls, request absentee ballot or update record Remove after 2012 General Election 32

33. Address List Maintenance Removal of Inactive Registered Voters ATTENTION: A general election in which a federal office is on the ballot occurs every even-numbered year (every 2 years) 33

34. Address List Maintenance Timeliness  No specific statutory timeframe to begin address list maintenance program other than bi-ennial but should be ongoing  Process is time-consuming and procedurally intensive.  Should be wrapped up no later than 90 days before primary election of general election year in which federal office on ballot.  Don’t wait. ‘Begin as soon as possible. ’ 34

35. Address List Maintenance Restrictions to Removal  ‘90-Day Quiet Period’ Any official address list maintenance program activities or removal of inactive voters should not be initiated or should be completed within the last 90 days before a primary or general election for federal office. – 42 U.S.C. Section 1973gg- 6(c)(2)(A) For 2012, the deadline to wrap up address list maintenance is around end of October 2011 35

36. Address List Maintenance Exceptions to 90-day Restriction  Deceased voters  automatically if based on information from the State or if from some other source, after you follow the steps in section 98.075(7), F.S.  Ineligible voters (e.g., convicted felons without rights restored, persons adjudged mentally incapacitated without voting rights restored  after you follow the steps in section 98.075(7), F.S.  A registered voter asks to be removed  Notice from out-of-state election official of out-of- state registration 36

37. Registration (Eligibility) Record Maintenance Activities Subsection (4) A change in a registered voter’s eligibility status... 37

38. Records (Eligibility) Maintenance Records compared within FVRS system and against other governmental records to identify:  Ineligible persons (deceased persons, felons without rights restored, persons adjudged mentally incapacitated without voting rights restored.  Duplicate registration records for the same voter. 38

39. External Links Security Module FVRS System Design County Voter Registration System 39

40. Registration (Eligibility) Record Maintenance Duplicate Registrations (section 98.075(2), F.S.)  Front-end (refer to proposed rule 1S-2.039)  Cross-check for existing registration record before creating new one. If one is found, process application as an update to existing record-only one active record per voter.  Back-end (proposed rule 1S-2.041):  Review duplicate record matches (automated) or the same voter as identified by the Department (and noticed through FVRS).  Determine whether records match or not. There should only be one active record per voter.  Determination must be made and entered no later than 2 weeks after receipt of information 40

41. Registration (Eligibility) Record Maintenance Deceased Persons (Section 98.075(3), Fla. Stat.)  FVRS data compared again Department of Health’s Office of Vital Statistics.  Confirmed matches automatic through FVRS. Remove voter’s name upon notice.  Potential matches are 1 st worked by BVRS. If still unresolvable, notice sent through FVRS to SOEs who must work to determine if match is valid, not valid or indeterminate.  Option to evaluate further but determination must be made and entered no later than 2 weeks after receipt 41

42. Registration (Eligibility) Maintenance: Persons Adjudged Mentally Incapacitated Without Voting Rights Restored (s. 98.075,(4) & (7), Fla. Stat.)  Department of State’s BVRS compares clerk of court data against FVRS. (should only include persons whose voting rights removed or restored as part of mental incompetence matter).  State creates ‘credible and reliable file’, notice through FVRS, and express mails file overnight.  SOE must send Notice of Voter within 7 days of notice and follow process in subsection (7) before removal from FVRS.  Determination must be made and entered no later than 120 days after receipt of match 42

43. Registration (Eligibility) Maintenance: Convicted Felons Without Civil Rights Restored (s. 98.075,(5) & (7), Fla. Stat.)  Department of State’s BVRS reviews initial FDLE data against other sources (court records, clemency data, DHSMV David system, etc.)  State creates ‘credible and reliable file’ and express mails file overnight.  SOE sends Notice of Potential Ineligibility to voter within 7 days and follow process in subsection (7) before removal of voter from FVRS.  Determination must be made and entered no later than 120 days after receipt of match 43

44. Registration (Eligibility) Maintenance Notice and Removal- Section 98.075(7), Fla. Stat. Notification letter (certified with return receipt) to voter MUST include:  Include copy of supporting document as to basis for ineligibility (redact confidential and exempt information)  Statement that voter must respond within 30 days or be removed from rolls  Return form (pre-paid postage, self-addressed) for voter to admit or deny potential ineligibility  Statement of right to request a hearing. (only available if voter is denying ineligibility)  SOE Contact information. Voter can ask supervisor for help to resolve the matter.  Civil rights restoration instructions (if applicable ) 44

45. 45 Mail Notice of Potential Ineligibility to registered voter w/in 7 days of receiving information/documentation Voter does not respond w/in 30 days Voter admits ineligibility Voter denies ineligibility No hearing requested Determine eligibility of voter Voter ELIGIBLE Record action in FVRS. Notice to Voter (Entire process must be completed within 120 days) Voter INELIGIBLE. Record action in FVRS. Remove voter from FVRS. Hearing requested Actual notice undeliverable Publish notice (as legal ad in newspaper) (Constructive notice- 30 days to respond) Registration (Eligibility) Maintenance Notice and Removal- Section 98.075(7), Fla. Stat.

46. Registration (Eligibility) Records Maintenance  Act on other information sources of ineligibility  Do not wait for State  Initiate notice and removal procedures under section 98.075(7), Florida Statutes  Notify state in cases of felon or mental incapacity cases that you initiate and send notice to the voter. (some of them may be in the Department’s queue already and we can eliminate from our queue) 46

47. Registration (Eligibility) Records Maintenance Other Triggers Start notice and removal process under Section 98.075 (7), Fla.Stat. Clerk of court for your count sends you a copy of a felony conviction or a judgment of mental incapacity with voting rights removed You receive information from DHSMV or Bureau of Immigration & Naturalization Services that someone is not a U.S. citizen Relative brings you a copy of a death certificate from another state You find out that a registered voter has lied about his or her voting age A registered voter tells you that someone else has fraudulently used his or her address to register (fictitious person) Registered voter lists an address that is not a residential address or a fake residential address 47

48. Address and Eligibility Records Maintenance Certification of Activities Reports  Submit timely and thorough bi-annual certification of activities reports (forms #117 and #118, simplified)  Due January 31 and July 31 of each year for prior 6 months  Activities relating to address list maintenance (section 98.065, Fla. Stat.)  Activities relating to identifying and removing ineligible registered voters (section 98.075, Fla. Stat.) 48

49. Address and Eligibility Records Maintenance Address List Maintenance Certification Address List Maintenance  Report aggregated data (DE #117)  How many address confirmation requests, address change notices and address confirmation final notices did you send out?  How many voters did you change to inactive status?  How many inactive voters did you remove from FVRS because general (federal) general elections had gone without any voter-initiated activity (i.e., no voting or attempt to vote, no request for absentee ballot or no update to voter record 49

50. Address and Eligibility Records Maintenance Eligibility Records Maintenance Certification Eligibility Records Maintenance  Report aggregated data (DE #118)  How many notices of potential ineligibility did you mail out and how many did you publish during the prior 6 months?  How many registered voters responded to the notice?  How many of those notices came back as undeliverable?  How many hearings were requested?  How many voters did you remove from FVRS because they were ineligible? 50

51. Address and Eligibility Records Maintenance Two Distinct Maintenance Activities Reports  If a person is removed after being on inactive status through 2 general election cycles, then only report it on the Certification of Activities Report for Address List Maintenance.  If a person is removed from FVRS because of ineligibility, then only report it on the Certification of Activities Report for Records (Eligibility) Maintenance.  For all other activities associated with address list or eligibility regarding the same voter, report the activities separately as aggregated data. 51

52. Address and Eligibility Records Maintenance Summary  Focus efforts and actively conduct list maintenance in off-Election years  Expect increased attention from public, political committees sponsoring petitions (initiatives, recall), political parties, media and DOJ regarding accurate and current rolls.  Anticipate more oversight from Division of Elections to follow up on removal of deceased, duplicates, and felons –Shall include tracking status and providing reminders to SOEs. 52

53. Questions? 53